October 2019 Newsletter

MUSCAT – On 11 May 2017, we filed a trademark application for registration on behalf of our client, BTA Havalimanlari Yiyecek Ve Icecek Hizmetleri Anonim Sirketi, for LUNA TAPAS LOUNGE in Oman in class 43. The application was assigned number 110122 and then published in the Official Gazette on 28 October 2018.

National Food Industries Company Ltd filed an opposition against our client’s application on the following grounds:

They are a foodstuff company established in Saudi Arabia in 1993 and got several certificates for quality;

Prior registration and use of its trademark worldwide, including Oman;

The similarity between the marks, and

Allowing the registration of our client’s mark contradicts Trademark Law and international conventions.

In response, we submitted counter-arguments based on the following:

Lack of confusion between both marks in terms of pronunciation, design, and general appearance;

The common element between both marks is the word (LUNA), which is a girl popular name and cannot be monopolised;

The Registrar accepted our client’s application since there is no confusion evident between both marks, and

Potential customers can easily distinguish between both marks.

The Registrar accepted our arguments and issued a favourable decision rejecting the opposition raised by National Food Industries Company Ltd and ordered our client’s application to register.